California Department of Pesticide Regulation Updated Registration Requirement

California Department of 
Pesticide Regulation Updated Registration Requirement

By Renee D. Wasserman and Nicholas T. Niiro

On July 1, 2017, the California Department of Pesticide Regulation’s (“DPR”) updated registration and record keeping requirement took effect. As of this date, companies selling products made from pesticide impregnated material in California under their own company name must register their products as a pesticide. Examples of pesticide impregnated materials include clothing and tents with pesticide integrated into the fabric.

Previously, only the manufacturer of the pesticide impregnated material or the company impregnating the bolts of fabric or clothing was required to register. The retailers of pesticide impregnated material in California were only required to obtain a pesticide broker’s license and pay a quarterly mill assessment of 2.1% to DPR for all products sold in California. Cal. Food & Agric. §§ 12841-12847 (DPR takes the position that the mill assessment must be paid on the entire cost of the finished product, as opposed to just the cost of the pesticide contained in the product. Failure to obtain the required pesticide broker’s license can result in a $5,000 penalty:
http://www.cdpr.ca.gov/docs/mill/broker_licensing.pdf).

Notice 2015-13 now also requires retailers of products made from pesticide impregnated materials selling in California under their own company name to register – in addition to obtaining a broker’s license – purportedly to better track the payment of the mill assessment. According to DPR, registration by the manufacturer of the pesticide impregnated material will facilitate the registration of the retail/brand partner. The initial registration deadline was November 1, 2016. The registration deadline was subsequently extended to March 1, 2017 (Notice 2016-07), and then to July 1, 2017 (Notice 2017-04).

A registration will be required for each category of product sold (i.e., apparel or non-apparel) under a unique company brand name, and if different pesticides or different percentages of the same pesticide are used in different products, separate registrations will be required for each. Each product must bear the U.S. Environmental Protection Agency approved pesticide product label, in addition to a label with the retailer/brand partner’s name. Unlike other types of pesticide products registered by DPR, the California registration number is not required to be on product labeling.

In order to register products, companies will need to submit the following to DPR:

• Cover letter explaining in detail the intent of the submission
• An application (DPR-REG-030)
• An application fee per product category of $1,150
• Six copies of the proposed Final Printed Labels or Printer’s Proof Labels (six for of each variation in text and color or scent required)
• Supporting scientific data for the claims or a reference to supporting scientific studies already on file with DPR
• Copy of current EPA stamp-accepted label and acceptance/correspondence letter
• Agent letter of authorization (if applicable)

After the product is registered, it is subject to an annual renewal fee ($1,150) and the quarterly mill assessment must be paid for all sales of products in California. Further information on registration is available here:

http://www.cdpr.ca.gov/docs/registration/instructions.htm

http://www.cdpr.ca.gov/docs/registration/canot/2017/ca2017-08.pdf

How We Can Help Your Company

Rogers Joseph O’Donnell specializes in helping its clients comply with state and federal laws impacting the sale of food and consumer products. If you have any questions related to compliance with California Department of Pesticide Regulation requirements, Renee D. Wasserman (rwasserman@rjo.com), J. Robert Maxwell (jmaxwell@rjo.com), Suhani Kamdar (skamdar@rjo.com) and Alecia Cotton (acotton@rjo.com) are available to assist. Biographies and other contact information are available at: https://www.rjo.com.

The content of this article is intended to provide a general guide to the subject matter and is not a substitute for legal advice.